17 Dec Interpreter’s Fatigue: A Real Threat to Due Process
Interpreter’s Fatigue: A Real Threat to Due Process
By Hilda Shymanik
Interpreting is a highly demanding and complex activity that requires a great deal of physical and mental effort. When the cognitive load becomes too much, as a result of working for long periods of time without proper rest, it can result in mental fatigue. The Oxford Dictionary defines fatigue as “extreme tiredness resulting from mental or physical exertion or illness.”
Interpreter’s fatigue is real: mental exhaustion can hit hard without breaks or support.
Interpreting without the benefit of a partner, what in professional terms we refer to as “team interpreting,” can be physically and mentally overwhelming when hearings last longer than 45–60 minutes. Of course, this all depends on the speed of discourse and the nature of the proceeding. In general, however, research has “demonstrated the effects of progressively prolonged periods of interpreting on the integrity of the rendition. One study concluded that an interpreter’s own judgment of output quality becomes unreliable after increased time on task”.¹
A few months ago, I had been interpreting short and repetitive cases for two hours, back-to-back. When there was a lull in the proceedings, I informed the clerk that I was taking a brief break. The clerk told me the judge wouldn’t like it. I explained that I had been working for two hours without a break, to which she replied, “So have I!” I realized that the clerk had no idea what my work entailed, so I tried to explain the cognitive load for the work interpreters do, but I don’t think she was convinced. She nevertheless allowed me to take a break.
Accurate interpreting is critical to due process, ensuring fairness in the courtroom.
Unfortunately, court personnel do not understand the negative effect that mental fatigue can have on the interpreter’s performance even though it is clear to us that if it sets in early in the day, it can have a detrimental impact on your professional performance for the rest of the day.
About six years ago I was working on an assignment by myself, and I had been promised help, but my colleague was stuck in another courtroom. The judge just refused to give me a break. At one point I felt a rush of blood going to my head and I feared I was having a stroke. I have since become more assertive, and I am firm when asking for breaks pointing out that, “the interpreter needs a XX-minute break in order to protect the accuracy of the record… and in adherence to the professional code of ethics,” but even with this caveat judges still challenge the request, and it is common to hear comments about interpreters being “divas,” or worse.
The professional code of ethics in one of the states where I work most often not only calls for a high level of accuracy, but also a duty to report any impediments to compliance with the code. Interpreters are specifically required to:
“assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, the interpreters shall immediately convey that reservation to the appropriate judicial authority. Interpreters should notify the judge of the need to take periodic breaks in order to maintain mental and physical alertness and prevent interpreter fatigue. Interpreters should inform the court when the use of team interpreting is necessary”.²
As recently as this past week, I asked the judge for a break as he was reading a decision for the record. Although the judge approved my request in open court and on the record, he added that other interpreters do not ask for breaks and, to make matters worse, they do not convey to the LEP the jurisprudence he cites. They simply say “legal citation.” All I could do was inform the judge that I had been interpreting for more than 17 years, and it was customary to ask for a break whenever an interpreter felt the accuracy of their rendition might suffer due to mental fatigue. Although that judge may have me barred from his courtroom, the real concern for me is knowing that other interpreters have agreed to keep going without asking for a break. That tells me that errors caused by mental fatigue continue to be a threat to due process. We, as professional interpreters, are the ones who must take responsibility for the consequences of mental fatigue on an LEP’s right to due process and abide by our code of ethics. The buck stops with us.
Please let me know what you think about this subject:
- Whose responsibility is it to comply with the code of ethics?
- In which specific ways can we prepare for situations like this?
- What do we need to become assertive when asking for breaks?
- What steps must we make to incentivize coordinators to implement team interpreting?
Your comments are helpful, and we all learn from each other, so please share!
The images used in this post are sourced from Unsplash. They are used for illustrative purposes only.
¹ Team Interpreting In Court-Related Proceedings, NAJIT Position Paper. Available at
https://najit.org/wp-content/uploads/2016/09/Team-Interpreting-5.2020.pdf
² 63.08 Assessing and reporting impediments to performance. Available at
https://www.wicourts.gov/services/interpreter/ethics.htm
Additional References:
Gile Daniel. (2002) “Conference Interpreting as a Cognitive Management Problem.” In F. Pochacker and M. Shlesinger, eds., The Interpreting Studies Reader, Routledge.
Moser-Mercer, Barbara, Alexander Künzli and Maja Korac. (1998) “Prolonged turns in interpreting: effects on quality, physiological and psychological stress (Pilot study).” Interpreting 3: 47-64.
Portrait of a woman in a blue blazer and glasses, smiling warmly with colorful tinsel in her hair
Blog Writer and proofreader
Hi, I’m Hilda Shymanik, and I have worked in the legal, medical, community, and conference fields for eighteen years. I have a background in accounting, administration, and entrepreneurial ventures. As a writer, I’m dedicated to exploring topics relating to ethical dilemmas and finding ways to improve our standing among professionals we interact with, in my case, mostly judges, attorneys, clerks, bailiffs, investigators, expert witnesses, etc.
I believe that the honest sharing of our experiences, both from our professional and personal lives, enriches the community and creates bonds that go beyond our association and help grow friendships to last a lifetime.
In my spare time, I spend time with my numerous family, study, practice, read voraciously, and knit all winter long.
Join the NAJIT Observer’s vibrant community of contributors! We are seeking passionate writers to share insights on legal translation and interpretation. Email your pitch or draft today and help shape our industry. Visit najit.org/blog for more details.
As always, education is key. If we communicate with judges ahead of time if we expect a long hearing, it will not surprise them when we request a break. I{ve had good results with saying something like, “your honor, in order to uphold the interpreter hold of ethics, your interpreter requests a break”. Thanks for sharing your experiences and for posing such important questions, Hilda!
* code of ethics
Hello Reme. I like this suggestion “Your honor, in order to uphold the interpreter hold of ethics, your interpreter requests a break”. Thank you for reading, commenting, and sharing, Reme!
I wouldn’t say :requests a break”: but NEEDS it.
I have been a conference interpreter for a long time and am probably ‘spoiled’ in comparison with other interpreters. Teams, regular hand-offs, often receiving papers in advance, soundproof booths, etc. I’ve been appointed an ad-hoc court interpreter a couple of times and have done lots of depositions. I did video remote medical interpreting during the pandemic and found it chaotic, lots of noise and cross-talk, and traumatic events. I have just taken the course to be an immigration court interpreter (with SOSI) and will do the final exam in 3 days. They say it will be statements of law, charges, hearings and judge’s orders for an hour-and-a-half at 160 words per minute. If that is the actual workload, I may not be cut out to be a court interpreter. Insights?
In the District Court where I work, the speed fluctuates between 170-200 words per minute. (Just checked with one of the court reporters…)
Recently, I had been through the same physical and mental condition while interpreting before the immigration court and immigration courts do not have concept of team interpreting and don’t provide partners. I was about to have a stroke while the judge was reading the judgement from the computer screen and that lasted for exactly 60 minutes at speed of almost 180 words per minute. I was not able to ask for the break since there was no breathing time. In the USA I have worked more than 24 years and now retiring soon. My health is more important than my work and to save my self from any emergencies, I started refusing taking in person cases. The system is not going to change so you have to change yourself.
Thank you for this insightful article, Hilda. I think that, as in so many areas of life, especially in such demanding milieus as courts, we have to assert our legitimate position, politely and in no uncertain terms to the judge or presiding officer, standing up for our rights and draw the line where it must be drawn for due process. The more people stand up for their rights, the more the authority figure(s) they may be dealing with, will understand and respect them. There is power in numbers. It just takes the courage to do so and without fear of possible unfavorable consequences to oneself in the short term. When we take peaceful action with conviction, self-confidence, and in good faith, the result is generally positive and everyone wins.
Thank you for this insightful article, Hilda. I think the responsibility for complying with the code of ethics falls on both us as interpreters and the court; we can only do our part, but can remind the judge or any other presiding person theirs. And as in so many areas of life, we have to assert our legitimate position, politely and in no uncertain terms to whomever may have to, standing up for our rights and draw the line where it must be drawn for due process. Communication is our most essential tool. The more people stand up for their rights, the more the authority figure(s) they may be dealing with, will understand and respect them. There is power in numbers. It just takes the courage to do so and without fear of possible unfavorable consequences to oneself in the short term. When we take peaceful action with conviction, self-confidence, and in good faith, the result is generally positive and everyone wins.
Great article Hilda. I would add that in my jurisdiction we take an oath to interpret everything that is said from the source language to the target language. Simply indicating “legal citation” would be a violation of the oath. Thanks for your insightful, thought provoking article.
Thanks, Hilda, for the important article! I hope that by continuing to inform the judges, attorneys, and other court staff about interpreter fatigue they will eventually realize that our interests coincide. It’s a matter of a full and accurate record. How can they disagree with that?
Hi colleagues, I’m in Australia and things are not much better here. A few years ago the ‘Recommended Guidelines for Working with Interpreters in Australian Courts and Tribunals” came out and although some courts know about them and follow them, most courts are still in limbo about our role, the need for breaks and briefing and all the other less-than-ideal situations that we face every day.
One time I had to say to a Judge that ‘the interpreter was suffering from ‘brain-fade’ as a result of the long stretches of utterances that she had been interpreting for a couple of hours, simultaneously, non-stop”.
He dared to chuckle a bit, but he understood and he gave me 10. minutes every hour after that and he himself would ask me to take a break.
I think I achieved this by being professional and accurate and knowing how to address him and the discourse of the court, btw.
I love your articles and have noticed similarities between our countries.